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By Philip Van Cleave

Virginia Citizens Defense League

Virginia Citizens Defense League

Covington VA --(Ammoland.com)- The U.S. Supreme Court issued a bad ruling last week, basically saying that a conviction for any kind of battery, no matter how trivial, against a domestic partner is sufficient for a person to lose his or her firearms rights.

Hit the person with a pillow, push them, poke them, or spit on them – it’s bye-bye gun rights.

Stalin would be proud!

Currently there is no mechanism to get such a conviction set aside so that a person can get their gun rights back.

What we need is to change Virginia law to allow for a person to petition the court where they were convicted to set aside that conviction after, say, 5 years, assuming no intervening convictions and with the court comfortable the person is not a risk to public safety.

I plan on looking for a patron to carry such a bill.

A person losing a Constitutionally guaranteed right for a misdemeanor is wrong and losing those rights forever with no means of getting them back simply cannot stand.

 

On  another note, a conviction for a concealed weapon charge was recently upheld by the Virginia Court of Appeals for man who was standing on part of his driveway that was considered a non-exclusive easement.  (The non-exclusive part of the easement was so that a neighbor could get to the neighbor’s own driveway.)

Even though he was standing on his own property, the courts ruled that it was not part of his “curtilage.”

If you don’t have a CHP, you can carry a concealed handgun inside your house and on your curtilage (generally the *immediate* area outside your house, including any nearby sheds, garage, driveway, or in your immediate yard [the part around the house that is normally fenced in]).  However, if your driveway is not exclusively yours, then you can run into problems.

Here is the ruling, which talks in detail about curtilage:

http://www.courts.state.va.us/opinions/opncavwp/0619133.pdf

About:
Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right. Visit: www.vcdl.org

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  • 6 User comments to “Courts Issue Two Bad Rulings Effecting Gun Owners”

    1. We are being subjected to a group of stinkin’ lawyers that rate the constitution of zimbabwe as equal the the Constitution of Amerika, and use foreign law to “determine” how the Rule of Law in Amerika is applied….me thinks we need to impeach the entire lot, clean out this nest of imposters that abide by the name of the Constitution, but rule by color of law. These mullahs are being manipulated by the results of NSA surveillance on each of the justices. Just wonder why the so-called Conservative Chief Justice decided to change the law as written so dogeater care would be instituted against us while the entire mess is unConstitutional from any standpoint. Thanks Chief Justice, you are an example that was ordained by the German supreme mullahs for the Hitler, which give the communist/muslime dictator more power. Live long but at some other job.

    2. What is the true intent of the UN Small Arms Treaty?
      http://weroinnm.wordpress.com/2010/01/12/what-is-the-true-intent-of-the-un-small-arms-treaty/
      “Food For Thought”
      Hello: When Are Americans Going To Wake Up-God Bless America!
      Semper Fi!
      Jake

    3. Louie Jones on April 3, 2014 at 11:14 AM said:

      Philip
      If there is anything I can do to help you with this issue please let me know.

      Louie Jones

    4. Virginians DESERVE all the lost freedoms they get just because of who the ignorant azzes elected governor . May they all learn what communism leads to with all democrats . ONLY AN EVIL IGNORANT MORON WOULD VOTE FOR ANY OF TODAYS DEMOCRATIC CANDIDATE GIVEN WHAT THEY HAVE SEEN THE LAST FIVE YEARS AND WHAT THE PARTY PLANK TELLS THEM .

    5. ‘We the People’ ARE the final decision makers on the Constitution …not ANY court….no matter what the black robes say…The Bill of Rights all of them are NOT negotiated with me by any one or body…they are MINE and YOUR guarantee of absolute…as written….imho

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